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(영문) 인천지방법원 2019.07.09 2018가합51408
채권존재확인의 소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. Under the Urban Development Act, the Defendant is an urban development cooperative established to implement an urban development project based on a replotting method from the F 407,913 square meters in Yeonsu-gu, Incheon pursuant to the Urban Development Act, and the Plaintiffs are those who owned or occupied unauthorized buildings or obstacles within the said business area.

[Agreement of this case] The defendant (hereinafter referred to as "A") and the committee for emergency countermeasures against the removal of G Area (hereinafter referred to as "B") agree as follows:

Matters concerning relocation measures;

1. A shall supply B with the relocation measures within the project area as the relocation measures.

A shall sell to B one parcel of land allotted by the authorities in recompense for development outlay (No. 119 square meters in a single site) and two parcels of land adjacent to the site as the relocation measure site, and Eul shall purchase the said three parcels.

(b) A and B shall enter into a provisional contract for the sale of relocation measures at the time of completion of the written agreement.

(c) the terms and conditions of purchase and sale of land secured for the recompense of development outlay - 10% of the down payment shall be paid when a fixed contract is prepared.

- The intermediate payments of land allotted by the authorities in recompense for development outlay will be 10% after one month after the contract, 10% after two months, 10% after three months, 10% after four months, 40% after four months, and 40% of the total purchase amount.

- The remainder of 50% shall be paid prior to the completion of civil engineering works and the commencement of the building.

Provided, That B shall not commence the building on the land provided by A before the remainder is paid.

A and B shall cooperate with each other in relation to the relocation measures.

2. A shall provide B with a relocation complex (temporary dwelling) for temporary dwelling facilities (house) in an external project district. A.

As to Section B(c) above, it does not execute the recovery and recovery of the provision of support for temporary housing in the outside area where Section B was fully provided by Section B, until the building is commenced and settled in the relocation area (the construction period).

(b) Eul shall ensure that the construction period of the building in the area requiring relocation measures is within six months and that the building is completed;

1. Matters concerning compensation for loss;

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